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14 March 2017

Dear Law Gazette,

I agree with John Drowssap that the Mental Capacity Act 2005 should be repealed as I believe it is simply not fit for purpose. Who decides whether or not another person has "capacity"?

There was a Lords Select Committee on the Mental Capacity Act 2005. My question was - and remains - what is the legal definition of "mental capacity"?

To date nobody has been able to furnish me with this precise definition and my contention is that without such precision then many miscarriages of justice might ensue.

It is totally undemocratic in my view and should be removed entirely from the Statute.

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